HB 1509 Summary

• Amends Section 2803.1 of Title 12 of the Oklahoma Statutes to expand hearsay exceptions for statements describing physical abuse or sexual contact involving children and incapacitated persons.

• Extends the hearsay exception to children 13 years of age or older who have a disability, in addition to children under 13 years of age.

• Requires the court to find the statement inherently trustworthy based on time, content, and totality of circumstances, considering factors such as spontaneity, consistent repetition, mental state of the declarant, and lack of motive to fabricate.

• Allows admission of the statement only if the child or incapacitated person either testifies in court or through alternative methods, or is unavailable as a witness with corroborative evidence of the act.

• Defines "disability" as a physical or mental impairment substantially limiting one or more major life activities of the child, as recognized by a competent medical professional.

• Becomes effective November 1, 2013.